SAN DIEGO PAYS $35,000, AGREES TO FINDING OF FACTUAL INNOCENCE FOR IMPROPER “UNLOADED OPEN CARRY” ARREST

San Carlos CA (September 29, 2010) - The City of San Diego will pay $35,000 to gun rights activist Samuel Wolanyk for his improper arrest. The San Diego Police Department also granted Mr. Wolanyk’s petition for a Finding of Factual Innocence, admitting no reasonable cause for his arrest existed.

The lawsuit – financially supported by The Calguns Foundation, Inc., and brought by attorney Jason Davis of Davis & Associates – sought to ensure San Diego properly trains its officers to deal with law-abiding gun owners.

“We do not encourage Unloaded Open Carrying of firearms in urban areas at this time,” said Gene Hoffman, Chairman of The Calguns Foundation. “But we believe the civil rights of gun owners must be defended to the utmost.”

Nearly two years ago, “open carry” activist Wolanyk wound up looking down the barrels of two police handguns when San Diego Police officers Jody Kinsley and Troy White responded to a call of a man wearing a kilt, with a holstered gun, in San Diego’s Mission Beach area. The officers immediately exited their vehicles on arrival at the location, drew their firearms, and ordered Mr. Wolanyk to the ground.

The officers quickly determined the firearm was unloaded, had no magazine in it, with no round in the chamber, and was thus in full compliance with California law. The firearm was unloaded even though Mr. Wolanyk did separately possess loaded magazines carried in an additional pouch attached to his belt (a completely lawful activity).

Until that day, these officers had never heard of the burgeoning Unloaded Open Carry movement, in which persons entitled to possess firearms exercise their right to lawfully carry unloaded, holstered handguns (though some onerous geographic limitations do apply). One other key legal restriction on open carry in California law also exists: people must give up their Fourth Amendment rights and submit to law enforcement examination of the firearm to determine if it’s loaded. In Wolanyk’s case, however, the officers weren’t performing a loaded firearm examination; in the officers’ minds, they were responding to a “man with a gun” call and acting accordingly.

After San Diego Police Sergeant David Kries arrived at the scene, Mr. Wolanyk had hoped the officers’ errors would be competently rectified and he would then be free to go. But Sgt. Kries showed he too didn’t understand California’s complex gun laws, and arrested Mr. Wolanyk for carrying a “loaded” firearm – in direct conflict with both prior case law (People v. Clark) and common sense, which requires ammunition to be in a position from which it can be fired in order for a firearm to be considered loaded. Mr. Wolanyk was taken to San Diego Police headquarters, where it was determined that he violated no law. Two hours later, Wolanyk was back at Mission Beach with Officer Kinsley handing him back his firearm and ammunition. Neither an apology nor an explanation of why the Department hadn’t properly trained their officers was provided.

“If they’d just apologized and said that they would look into training their officers on how to deal with law-abiding gun owners, I would not have felt compelled to file my lawsuit,” said Mr. Wolanyk. “It’s really about public safety for everyone, including those lawfully carrying firearms.”

Now, not only has San Diego paid Mr. Wolanyk for their actions, but they have since supplemented their training as well.

The rise of the Unloaded Open Carry movement in San Diego and Wolanyk’s arrest caught the attention of California Assemblywoman Lori Saldaña, whose proposed “fix” to police training deficiencies was instead to draft a bill taking away the ability to “UOC”. Saldaña’s proposed “Open Carry” ban failed passage this legislative term, but is nearly certain to reemerge this next term.

As long as Unloaded Open Carry activities are lawful, San Diego Police Officers and other law enforcement agencies will have to respect the civil rights of these law-abiding citizens.

__________________
Gene Hoffman
Chairman, The Calguns FoundationDONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter.Opinions posted in this account are my own and not the approved position of any organization.
I read PMs. But, if you need a response, include an email address or email me directly!

"The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

By the way, also, to all our donors - thanks for making this and other work possible. The terms of the settlement cover attorney's fees, much of which were underwritten by CGF. So, we'll be getting some of money back on this case (there are a lot of non-covered costs, though).

So, we'll be getting our money back on this case, to return to our coffers and fund the next one.

Rinse, lather, repeat....

__________________

Bill Wiese
San Jose, CA

CGF Board Member / NRA Benefactor Life Member / CRPA life memberNo postings of mine here, unless otherwise specifically noted, areto be construed as formal or informal positions of the Calguns.Netownership, The Calguns Foundation, Inc. ("CGF"), the NRA, or my employer. No posts of mine on Calguns are to be construed as legal advice, which can only be given by a lawyer.

But remember that freedom isn't free. Please donate to The Calguns Foundation today. We have long string of successes coming to announce but those deplete our coffers.

Now is a particularly good time for your support as we're about to show some major breakthroughs in our battles. Once those fronts are open we need to pour through the breaks and that takes time and treasure.

-Gene

__________________
Gene Hoffman
Chairman, The Calguns FoundationDONATE NOW to support the rights of California gun owners. Follow @CalgunsFdn on Twitter.Opinions posted in this account are my own and not the approved position of any organization.
I read PMs. But, if you need a response, include an email address or email me directly!

"The problem with being a gun rights supporter is that the left hates guns and the right hates rights." -Anon

I updated because I realized I'd spoken imprecisely - we get attorney's fees, but there are a lot of costs that are generally not covered with things like this. Filing these cases isn't a profit center.

And, the main point I wanted to make is noting that is that this is also not a profit center for Mr. Wolanyk. That money's pretty much going to the lawyers and the courts.

But remember that freedom isn't free. Please donate to The Calguns Foundation today. We have long string of successes coming to announce but those deplete our coffers.

Now is a particularly good time for your support as we're about to show some major breakthroughs in our battles. Once those fronts are open we need to pour through the breaks and that takes time and treasure.

-Gene

Thanks for the reminder. Just donated. Transaction number 0W037482NP2822513

__________________Guns, dogs and home alarms. Opponents are all of a sudden advocates once their personal space is violated.

Speaking for myself, I've never considered Calguns anti-open carry, nor have I thought that they wanted open carried outlawed. But there are certain people who castigate people who open carry and point an accusatory finger at open carriers for such things as Saldana's asinine bill AB1934. Again, I personally don't open carry, but I'm not willing to condemn those that do, because what they are doing is legal and constitutionally protected. What's generally not legal and unconstitutional is the tactics of some police and the laws that encourage them.

Thanks and Nice Work. I hope Mr. Wolanyk can at least have enough left over to maybe buy a new pistol. He's earned at least that much.

Quote:

Originally Posted by the_quark

I updated because I realized I'd spoken imprecisely - we get attorney's fees, but there are a lot of costs that are generally not covered with things like this. Filing these cases isn't a profit center.

And, the main point I wanted to make in nothing that is that this is also not a profit center for Mr. Wolanyk. That money's pretty much going to the lawyers and the courts.

__________________
"America is at that awkward stage. It's too late to work within the system, but too early to shoot the bastards."
- Claire Wolfe

Nearly two years ago, “open carry” activist Wolanyk wound up looking down the barrels of two police handguns when San Diego Police officers Jody Kinsley and Troy White responded to a call of a man wearing a kilt, with a holstered gun, in San Diego’s Mission Beach area. The officers immediately exited their vehicles on arrival at the location, drew their firearms, and ordered Mr. Wolanyk to the ground.

Thanks and Nice Work. I hope Mr. Wolanyk can at least have enough left over to maybe buy a new pistol. He's earned at least that much.

My main point is that there was a meme running around a while back that you could file bad gun cases, sue under Section 1983, and become a millionaire while rolling back gun laws. Obviously, not true.

So I'll admit CGF's finances briefly flashed before my eyes when I was thinking about everyone waking up this morning, reading this and going "Hot dang all I have to do is LOC in a school zone and I'll get $35,000, too!"

So what's the pay scale, a flat $35,000 per gun open carried? Any bonuses for carrying particularly scary looking guns? If I have to UOC some of my collection in a wheelbarrow I still get paid, right? Let me know, I could use the extra income. This sounds like it could be highly profitable.